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OHIO REPUBLICAN PARTY v. BRUNNER

Nos. 08-4242, 08-4243, 08-4251.

543 F.3d 357 (2008)

OHIO REPUBLICAN PARTY; Larry Wolpert, Plaintiffs-Appellees/Cross-Appellants, v. Secretary of State Jennifer BRUNNER, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

September 30, 2008.

Attorney(s) appearing for the Case

William M. Todd, Benesch, Friedlander, Coplan & Aronoff, Columbus, OH, Plaintiffs-Appellees Cross-Appellants.

Donald J. McTigue, Mark A. McGinnis, Columbus, OH, for Amicus Curiae Ohio Democratic Party.

Richard N. Coglianese, Asst. Atty. Gen., Office of the Attorney General, Constitutional Offices Section, Benjamin C. Mizer, Solicitor, Office of the Attorney General, Columbus, OH, for Defendant-Appellant Cross-Appellee.

MOORE, J., delivered the opinion of the court, in which BRIGHT, J., joined. GRIFFIN, J. (pp. 362-63), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant Jennifer Brunner, Secretary of State of Ohio ("the Secretary"), brings this emergency motion to stay or vacate the district court's grant of a Temporary Restraining Order ("TRO") restraining enforcement of Advisory 2008-24, which advised county boards of elections that they are not required to allow election observers during the 35-day in-person absentee voting period immediately preceding Election...

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